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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66519
Experience:  Qualified Employment Solicitor
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While I was on annual leave I received a call and email from

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While I was on annual leave I received a call and email from HR at my work place, informing me that I have been suspended for suspected fraud and theft at work. This allegation was taken without me being at work and without having a meeting with me
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: No I haven’t
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Suspended with full pay. I am a full time employee and I do not belong to any union
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I have now received a email from one of the managers Inviting me to a meeting next week. This will be the first meeting I am having with them

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 1 year ago.
Hi Ben, I have worked for the company for 3 years and 7month

Thank you. Being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.

Ideally the suspension should be followed up with a letter confirming the suspension and outlining the reasons for it, although this is not a legal requirement, just good practice. Also there is no obligation on the employer to suspend you in person or to hold a meeting to do this, the way they did it here is legally acceptable.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.

Does this answer your query?

Customer: replied 1 year ago.
Hi Ben, thank you very much for this. Yes, it does answer my question. But if a meeting has been required and the company has not provided the employee with the investigation and evidence in advance. is it still advisable for the employee to attend the meeting? Also can the employee attend the meeting with a friend or a memeber of the union if he or she want to?

Are we talking about an investigatory meeting or a formal disciplinary hearing?

Customer: replied 1 year ago.
Investigative Meeting

There is no requirement to be provided with any evidence before an investigative meeting and also you have no right to be accompanied by anyone. These only apply to formal disciplinary hearings.

Customer: replied 1 year ago.
Hi Ben, Thank you very much for the information. Really appreciate

You are most welcome

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